BEFORE THE LAND USE COMMISSION
OF THE STATE OF HAWAII
In the Matter of the Petition of
DEPARTMENT OF PUBLIC WORKS ANDWASTE MANAGEMENT, SOLID WASTEDIVISION, COUNTY OF MAUI
For a Special Permit to Establishand Operate an Expansion to theCentral Maui Sanitary Landfill onApproximately 29.340 Acres of LandSituated Within the State Land UseAgricultural District at Puunene,Maui, Hawaii; TMK: 3-8-03: portionof 4
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DOCKET NO. SP97-390
FINDINGS OF FACT,CONCLUSIONS OF LAW, ANDDECISION AND ORDER
This is to certify that this Is a trua and correctcopy of the Decision and Order on file In the offi¢oof the 8tare Land Use Commission, HonoMu Hawaii.JUL 2 1 1997 ÿ-ÿ ÿ-+.,._ ">'ÿ. + <:ÿj)
by
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION AND ORDER
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BEFORE THE LAND USE COMMISSION
OF THE STATE OF HAWAII
In the Matter of the Petition of
DEPARTMENT OF PUBLIC WORKS ANDWASTE MANAGEMENT, SOLID WASTEDIVISION, COUNTY OF MAUI
For a Special Permit to Establishand Operate an Expansion to theCentral Maui Sanitary Landfill onApproximately 29.340 Acres of LandSituated Within the State Land UseAgricultural District at Puunene,Maui, Hawaii; TMK: 3-8-03: portionof 4
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DOCKET NO. SP97-390
FINDINGS OF FACT,CONCLUSIONS OF LAW, ANDDECISION AND ORDER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION AND ORDER
The Department of Public Works and Waste Management,
Solid Waste Division, County of Maui (hereinafter "Applicant")
initiated this proceeding pursuant to Section 205-6, Hawaiÿi
Revised Statutes (hereinafter "HRS"), as amended, and Subchapter
12, Chapter 15-15, Hawaiÿi Administrative Rules (hereinafter
"HAR"). The Land Use Commission (hereinafter "LUC"), having
considered the entire record on this matter, hereby makes the
following findings of fact, conclusions of law, and decision and
order:
FINDINGS OF FACT
PROCEDURAL MATTERS
i. The Special Permit Application (hereinafter
"Application") for establishment and operation of an expansion of
the Central Maui Sanitary Landfill on approximately 30 acres at
0' i <t
Puunene, Maui, was filed by the Applicant with the County of Maui
Planning Department (hereinafter "Planning Department") on
August 12, 1996.
2. On January 28, 1997, the Maui Planning Commission
(hereinafter "Planning Commission") conducted a public hearing on
the Application.
3. On January 28, 1997, the Planning Commission
recommended approval of the Permit to the LUC subject to eleven
(ii) conditions. The LUC received a portion of the record of the
County's proceedings on the Permit on March 20, 1997.
4. On May i, 1997, the LUC received a copy of the
minutes for the January 28, 1997 Planning Commission meeting from
the Planning Department. Upon receipt of the minutes, the record
was deemed complete for processing. The LUC also received
clarification from the Planning Department that the acreage of
the subject lands under the Application was approximately 29.340
acres.
DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA
5. The Special Permit area consists of approximately
29.340 acres situated at Puunene, Maui, and further identified as
Tax Map Key No.: 3-8-03: portion of 4 (hereinafter "Property").
6. The Property is located approximately 4 miles
southeast of Kahului. The Property is owned by A&B Properties,
Inc. The Applicant is in the process of acquiring the Property
from A&B Properties, Inc.
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7. Access to the Property is via the existing access
road for the existing Central Maui Sanitary Landfill located off
of Pulehu Road.
8. The Property is currently being utilized for a
quarry operation.
9. The slope of area in which the Property is
situated is approximately 3.5%, and the Property slopes downward
towards the northwest.
i0. Rainfall in the area is estimated to be
approximately 20 inches annually.
ii. The U.S. Department of Agriculture Soil
Conservation Service classifies the Property as having two types
of soil series, Rock Land (rRK) and Waiakoa silty clay loam
(WEB) .
12. The Land Study Bureau's Detailed Land
Classification Report designates the Property as Class "A" lands.
13. The State of Hawaii's Agricultural Lands of
Importance to the State of Hawaii (ALISH) system classifies the
Property as "Prime."
14. According to the U.S. Army Corps of Engineers
Flood Insurance Rate Map (FIRM), the Property is within an area
of minimal flooding or Zone "C."
15. Adjacent uses to the Property are primarily
agricultural in nature with existing quarry operations and
Kalialinui Gulch to the north and east of the Property,
respectively.
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SUMMARY OF PROPOSED USE
16. The Applicant is requesting a Special Permit to
establish and operate an expansion of the existing Central Maui
Sanitary Landfill, which is located east of the Property beyond
Kalialinui Gulch. This expansion area will operate as a
Municipal Solid Waste Landfill as defined by Federal regulations
40 CFR §257 and §258 (also known as Subtitle D), and HAR Title
Ii, Department of Health Chapter 58.1, §11-58.1-03.
17. Federal regulations requires new landfills
constructed after October 9, 1993 to include a bottom liner
consisting of a layer of clay overlain by a layer of plastic.
18. The proposed expansion of the Central Maui
Sanitary Landfill on the Property will include the following
improvements: drainage control via perimeter drainage channel in
accordance with Department of Health (hereinafter "DOH")
regulations; lining of the expansion area with a composite,
flexible membrane liner and a minimum two-foot layer of compacted
soil or geocomposite liner if soils on the Property are not
suitable; leachate collection and removal system designed and
installed pursuant to DOH regulations; groundwater monitoring
required by Federal and State regulations; gas extraction system;
landfill operation and maintenance; landfill closure plan to be
prepared when landfill operations are near completion; and off-
site improvements including possible improvements to the existing
transfer station (hereinafter collectively referred to as
"Project").
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19. The Applicant anticipates that no change to the
existing operations at the existing Central Maui Sanitary
Landfill will occur. No new buildings will be constructed for
the expansion area, and no expansion will take place for existing
buildings at the current landfill area.
20. The Project is intended to provide an expansion of
the existing landfill located east of the Property, which is
reaching capacity.
21. The Applicant has determined that utilizing the
existing quarry pit on the Property would be feasible compared to
excavating lands to develop the landfill expansion at another
location.
22. The Applicant has also determined that the
combination of a central yet rural location and compatible
physical characteristics make the Property operationally and
environmentally feasible for expansion of the existing landfill.
STATE AND COUNTY PLANS AND PROGRAMS
23. The State Land Use District Classification of the
Property is Agricultural, as reflected on State Land Use District
boundary map M-7 (Paia).
24. The Wailuku-Kahului Community Plan designates the
area as Agricultural. The existing landfill is designated as
Public/Quasi-Public.
25. Current zoning for the Property is County Interim.
26. The Property is not located within the County of
Maui Special Management Area.
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SUMMARY OF COUNTY, STATE, AND FEDERAL AGENCIES COMMENTS
27. The County of Maui Department of Public Works and
Waste Management determined that a Special Permit is required for
the proposed landfill expansion and no other permits would be
required with the exception of a DOH operating permit and county
building permits.
28. The County of Maui Police Department noted that
the proposed expansion will have an impact on traffic and
escaping litter from the landfill due to high winds.
29. The County of Maui Department of Parks and
Recreation had no objections to the proposed Project.
30. The State Department of Transportation commented
that the Project is not anticipated to have an adverse impact on
State transportation facilities.
31. The Division of Aquatic Resources, State
Department of Land and Natural Resources (hereinafter "DLNR"),
commented that appropriate mitigative measures to minimize
erosion and prevention of hazardous material spilling and
leaching into the ground should be taken by the Applicant.
32. The State Historic Preservation Division, DLNR,
determined that the proposed Project would have "no effect" on
significant historic sites provided that all expansion activities
avoid Kalialinui Gulch.
33. The Clean Air Branch, DOH, provided mitigative
measures to address possible nuisance odors and the potential for
fugitive dust emissions.
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34. The Solid Waste Management Office, DOH, noted that
it will review environmental concerns and proposed mitigative
measures upon receipt for an application for solid waste permit.
35. The LUC staff commented that Condition No. 13 of
LUC Docket No. SP86-359/County of Maui, Department of Public
Works (existing Central Maui Sanitary Landfill) had not been
complied with.
36. The Department of Hawaiian Home Lands had no
objections to the landfill expansion.
37. The Natural Resources Conservation Service, U.S.
Department of Agriculture, had no comments on the Application.
38. The U.S. Fish and Wildlife Service did not
anticipate significant adverse impacts to fish and wildlife
resources, as the area lacks rare, threatened, or endangered
species.
39. The Army Corps of Engineers noted that a
Department of Army permit pursuant to the Flood Control Act of
1960, would not be required for the proposed expansion.
40. Maui Electric Company (hereinafter "MECO") had no
objections to the Project and recommended that the Applicant meet
with MECO to plan for electrical requirements.
SOCIO-ECONOMIC IMPACTS
41. The primary beneficial impact of the proposed
landfill expansion is long-term and will occur in the area of
public services and public health. The growing Maui community
requires an adequate solid waste disposal system, and the
proposed expansion will meet Maui's refuse disposal needs.
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Phase IV has an estimated capacity of approximately 2.2 million
cubic yards and a life expectancy of approximately 6 years.
42. Short-term economic impacts include increased
demand for goods and services during construction of
improvements.
43. The Final Environmental Impact Statement
(hereinafter "FEIS") for the total overall expansion of the
Central Maui Sanitary Landfill, of which the Project is one
phase, states that the total overall landfill expansion may
adversely impact the island's economy by placing a large capital
expenditure on the County to establish the facility. Therefore,
the total expansion has been phased, with this Application
addressing the first expansion phase.
44. The FEIS states that continuing operation of the
existing landfill will be easier and more cost effective than
establishment of a new landfill at a new location.
45. The FEIS states that a secondary economic impact
from expansion of the landfill may be rapid urban expansion and a
corresponding increase in the cost of goods and services in the
area.
IMPACTS UPON THE RESOURCES OF THE AREA
Aqricultural Resources
46. The Property is located within an area classified
as "Prime" agricultural lands under the ALISH classification
system. However, the site is already disturbed and will be even
more so as quarry operations and landfill operations progress.
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47. The proposed expansion is not expected to disturb
activities on adjacent agricultural lands.
Flora/Fauna
48. The landfill expansion area may attract and
encourage proliferation of scavenger-types fauna. Rats, birds
and flies may encourage disease vector problems. Daily cover and
dust and litter control measures will minimize impacts on flora
and fauna.
Scenic Resources
49. The Project will have an adverse visual impact as
the Property is located along Pulehu Road. A perimeter design,
including trees, will be implemented in order to mitigate the
visual impact of land filling activities.
Archaeoloqical and Cultural Resources
50. No known significant or historical sites have been
found on the Property or the immediate surrounding area. This
has been confirmed by the State Historic Preservation Division,
DLNR, in its comment letter regarding the Project.
51. The State Historic Preservation Division, DLNR,
has concluded that the Project will have "no effect" on
significant historic sites provided that all expansion activities
avoid Kalialinui Gulch.
ADEQUACY OF PUBLIC FACILITIES AND UTILITIES
Highways and Roadway Facilities
52. Traffic is expected to increase during
construction of the Project. However, overall traffic is not
expected to increase in the immediate area.
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Drainaqe
53. A perimeter drainage channel will be included as
part of the landfill expansion on the Property. This channel is
to collect runoff from the adjacent watershed and landfill fill
slopes. This and other drainage improvements have been designed
and will be implemented in accordance with applicable Federal and
State rules and regulations.
Air Quality
54. Air quality is expected to be similar to the
existing operation of the Central Maui Sanitary Landfill. Short-
term impacts will be as a result of construction during the
proposed expansion. Long-term impacts may result from
decomposing refuse and landfill gases.
Noise
55. Noise levels in the area are relatively low. The
only significant generator of noise in the area is the quarry
operations adjacent to the Property. Seasonal noise impacts
occur during harvesting of sugarcane on adjacent fields. The
existing landfill operations contribute little noise pollution in
the area.
56. Prevailing winds direct sounds towards adjacent
sugarcane fields, and the Property's rural characteristics and
distance from populated area serve to mitigate noise impacts.
Water
57. No potable water supply is available in the
existing landfill or Property. Water requirements for fire and
dust control are currently being provided by water trucks. A
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portable storage facility is located in the area of the existing
landfill, east of the Property, and has a capacity of 53,700
gallons with a reserve of 25,000 gallons for fire control.
Sewage
58. No sewer facilities are available at or near the
Property. Plans for the Project provide for existing
infrastructure (i.e, weighing station, etc.) to remain in its
current location within the existing landfill, thus no other
sewage requirements are required for the Property.
Electricity/Telephone Service
59. The Property has electrical and telephone services
nearby. The Project is not anticipated to have any impact on
such services.
CONFORMANCE WITH SPECIAL USE PERMIT TESTS
60. The Planning Department, in its staff report to
the Planning Commission, provided the following comments with
respect to the Permit's conformance with the Special Use Permit
Tests as follows:
(a) The use shall not be contrary to the objectivesouqht to be accomplished by Chapters 205 and205A, Hawaii Revised Statutes, as amended, and therules of the State Land Use Commission.
"The proposed expansion of Central Maui SanitaryLandfill is not listed as a permitted use within theState Agricultural District, but the use is notcontrary to the objectives of the Land Use Law, Chapter205 and 205 which is to preserve, protect, andencourage the development of lands in the State forthose uses to which these lands are best suited in theinterest of public health and welfare of the people ofthe State of Hawaii."
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(b) The desired use would not adversely affectsurroundinq property,
"The desired use would not adversely affect surroundingproperty since most surrounding properties are eitherundeveloped or are being mined. The existing quarryoperations will leave the site essentially no (sic)suitable for any other use."
(c) The use would not unreasonably burden publicagencies to provide roads and streets, sewers,water drainage and school improvements, and policeand fire protection.
"No burden will be created to public agencies toprovide roads, streets, sewers, water, or drainagefacilities. No unreasonable burden to police and fireprotection agencies is anticipated. There will be noburden on the school system."
(d) Unusual conditions, trends and needs have arisensince the district boundaries and rules wereestablished.
"The use is in close proximity to other properties withlandfill and quarrying uses."
(e) The land upon which the proposed use is sought isunsuited for the uses permitted within thedistrict.
"The land upon which the proposed use is sought is partof a mining operation and therefore would not besuitable for agricultural purposes."
PLANNING COMMISSION RECOMMENDATION
61. At its meeting of January 28, 1997, the Planning
Commission recommended approval of the Application to the LUC,
subject to the following conditions:
I. That the Land Use Commission Special Use Permitshall be valid for a period of ten (i0) years fromthe date of its granting, subject to extensions bythe Maui Planning Commission and the State LandUse Commission upon a timely request for extension
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filed at least ninety (90) days prior to itsexpiration.
, That full compliance with all applicablegovernmental requirements shall be rendered.
,
,
,
Petitioner shall begin construction of thelandfill expansion within 6 months from theissuance of the Land Use Commission's decision andorder. Construction shall include anyimprovements necessary to operate the landfillpursuant to all applicable laws and regulations.
That the applicant shall take appropriatemitigative measures to minimize erosion, andprevent cement products, oil, fuel, and othertoxic substances associated with the use of heavymachinery from spilling or leaching into theground.
That the applicant shall provide adequate dustcontrol measures during all phases of landfilloperations in accordance with the provisions ofChapter 11-60.1, Hawaii Administrative Rules,Section 11-60.1-33 on Fugitive Dust, but notlimited to:
aÿ Minimizing the amount of dust generatingmaterials and activities, centralizingmaterial transfer points and onsiteactivities, centralizing material transferpoints and onsite vehicular traffic routes,and locating potentially dusty equipment inareas of the least impact;
b, Providing an adequate water source at siteprior to startup of construction activities;
C. Landscaping and rapid covering of bare areas,including slopes, starting from the initialgrading phase;
d, Control of dust from shoulders, projectentrances, and access roads;
e. Providing adequate dust and odor controlmeasures as required by law during landfillclosures, after hours, and prior to dailystartup of construction activities; and
f , Odor control measures shall be taken duringall phases of landfill operations.
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• That full compliance with the requirements of theState's Department of Health for sanitary landfilloperation shall be rendered.
, That provisions shall be enacted to ensureemergency access to the sanitary landfill in caseof fire or any other disaster.
.
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ii.
•
That the applicant shall utilize non-potablewater, to the extent possible, for grading, dustcontrol, and irrigation of the landfill.
That the applicant shall reasonably ensure thatwindblown debris around the perimeter of thelandfill, particularly within areas visible fromthe public right-of-way shall be removed in atimely manner.
That the applicant shall immediately stop work andcontact the State Historic Preservation Division,Department of Land and Natural Resources shouldany previously unidentified archaeologicalresources such as artifacts, shell, bone, charcoaldeposits, human burial, rock or coral alignments,pavings or wall be encountered during developmentof the Special Use Permit area.
That the applicant shall timely provide withoutany prior notice, annual reports to the Land UseCommission and the County of Maui PlanningDepartment in connection with the status of thesubject project and Applicant's progress incomplying with the conditions imposed herein. Theannual report shall also include the capacityremaining in the landfill at the time ofsubmissions of the annual report. The annualreport shall be submitted in a form prescribed bythe Executive Officer of the Land Use Commission.
62. Any findings of fact that may be a conclusion of
law shall be deemed a conclusion of law.
CONCLUSIONS OF LAW
The Special Permit request to allow establishment and
operation of an expansion of the Central Maui Sanitary Landfill
on the island of Maui constitutes an "unusual and reasonable" use
as defined in Section 205-6, Hawaii Revised Statutes, as amended,
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and the proposed use is not contrary to the objectives sought to
be accomplished by the State Land Use Law to preserve, protect,
and encourage development of lands in the State for those uses to
which they are best suited in the interest of the public health
and welfare.
ORDER
IT IS HEREBY ORDERED that the Special Permit under LUC
Docket No. SP97-390 to allow establishment and operation of an
expansion to the Central Maui Sanitary Landfill on approximately
29.340 acres of land designated within the State Land Use
Agricultural District, Tax Map Key No.: 3-8-03: portion of 4 at
Puunene, Maui, and approximately identified on Exhibit "A"
attached hereto and incorporated by reference herein, is hereby
approved and subject to the following conditions:
i. That the Land Use Commission Special Permit shall
be valid for a period of ten (I0) years from the issuance of the
Land Use Commission's decision and order, subject to extensions
by the Maui Planning Commission and the State Land Use Commission
upon a timely request for extension filed at least ninety (90)
days prior to its expiration.
2. That full compliance with all applicable
governmental requirements shall be rendered.
3. Applicant shall begin construction of the landfill
expansion within 6 months from the issuance of the Land Use
Commission's decision and order. Construction shall include any
improvements necessary to operate the landfill pursuant to all
applicable laws and regulations.
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4. That the Applicant shall take appropriate
mitigative measures to minimize erosion, and prevent cement
products, oil, fuel, and other toxic substances associated with
the use of heavy machinery from spilling or leaching into the
ground.
5. That the Applicant shall provide adequate dust
control measures during all phases of landfill operations in
accordance with the provisions of Chapter 11-60.1, Hawaii
Administrative Rules, Section 11-60.1-33 on Fugitive Dust, but
not limited to:
a. Minimizing the amount of dust generating materials
and activities, centralizing material transfer
points and onsite activities, centralizing
material transfer points and onsite vehicular
traffic routes, and locating potentially dusty
equipment in areas of the least impact;
b. Providing an adequate water source at site prior
to startup of construction activities;
c. Landscaping and rapid covering of bare areas,
including slopes, starting from the initial
grading phase;
d. Control of dust from shoulders, project entrances,
and access roads;
e. Providing adequate dust and odor control measures
as required by law during landfill closures, after
hours, and prior to daily startup of construction
activities; and
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f. Odor control measures shall be taken during all
phases of landfill operations.
6. That full compliance with the requirements of the
State's Department of Health for sanitary landfill operation
shall be rendered.
7. That provisions shall be enacted to ensure
emergency access to the sanitary landfill in case of fire or any
other disaster.
8. That the Applicant shall utilize non-potable
water, to the extent possible, for grading, dust control, and
irrigation of the landfill.
9. That the Applicant shall reasonably ensure that
windblown debris around the perimeter of the landfill,
particularly within areas visible from the public right-of-way
shall be removed in a timely manner.
i0. That the Applicant shall immediately stop work and
contact the State Historic Preservation Division, Department of
Land and Natural Resources should any previously unidentified
archaeological resources such as artifacts, shell, bone, charcoal
deposits, human burial, rock or coral alignments, pavings or wall
be encountered during development of the Special Use Permit area.
II. That the Applicant shall timely provide without
any prior notice, annual reports to the Land Use Commission and
the County of Maui Planning Department in connection with the
status of the subject project and Applicant's progress in
complying with the conditions imposed herein. The annual report
shall also include the capacity remaining in the landfill at the
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time of submission of the annual report. The annual report shall
be submitted in a form prescribed by the Executive Officer of the
Land Use Commission.
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DOCKET NO. SP97-390 - DEPARTMENT OF PUBLIC WORKS & WASTE MANAGEMENT,SOLID WASTE DIVISION
Done at Honolulu, Hawaiÿi, this 21st day of
per motions on June 26, 1997 and July 17, 1997.
LAND USE COMMISSIONSTATE OF HAWAIÿI
July 1997,
ByTRUDY K. FDAChairperson and Commissioner
cÿRÿairÿrsoÿN n and Commissioner
L INGCommlssioner
ByM. CASEYCommlssioner
By (absent)HERBERT S.K. KAOPUA, SR.Commlssioner
By (absent)LLOYD F. KAWAKAMICommlssionÿ
Byf
MERLE A. KELAICommissioner
Filed and effective onJuly 21 , 1997
By (absent)EUSEBIO LAPENIA, JR.Commissioner
Certified by:
Executive Officer JOANNIN. MATTSON
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H
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SP97-390 / DEPARTMENT OFPUBLIC WORKS & WASTE
MANAGEMENT, SOLID WASTEDIVISION, COUNTY OF MAUI
LOCATION MAP
TAX MAP KEY: 3-8-03: por. 4
Puunene, Maui, Hawaii
-ÿ PERMIT AREA
(APPROXIMATE)
MAUl
EXHIBIT "A"
BEFORE THE LAND USE COMMISSION
OF THE STATE OF HAWAII
In the Matter of the Petition of
DEPARTMENT OF PUBLIC WORKS ANDWASTE MANAGEMENT, SOLID WASTEDIVISION, COUNTY OF MAUI
For a Special Permit to Establishand Operate an Expansion to theCentral Maui Sanitary Landfill onApproximately 29.340 Acres of LandSituated Within the State Land UseAgricultural District at Puunene,Maui, Hawaii; TMK: 3-8-03: portionof 4
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DOCKET NO. SP97-390
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
I hereby certify that a copy of the Findings of Fact,Conclusions of Law, and Decision and Order was served upon thefollowing by either hand delivery or depositing the same in theU. S. Postal Service by certified mail:
CERT.DAVID W. BLANE, Director of PlanningPlanning Department, County of Maui250 South High StreetWailuku, Hawaii 96793
CERT.CHARLES JENCKS, DirectorDepartment of Public Works and
Waste ManagementSolid Waste Division200 South High StreetWailuku, Hawaii 96793
DATED: Honolulu, Hawaii, this 21st day of July 1997.
ESTHER UEDAExecutive officer